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NATIONAL COMMUNICATIONS COMMISSION

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NATIONAL COMMUNICATIONS COMMISSION

Rules

Issue Date:2014/07/02

The National Communications Commission Principles for Determining Whether Programs and Advertisements Are Separated中文

The National Communications Commission

Principles for Determining Whether Programs and Advertisements are Separated

Promulgatedon May 30, 1990 by (90) Zheng Guang 4 No. 07298 decree from the Government Information Office, Republic of China

Amended byTong Chuan BoNo. 10148019490 decree on May 16, 2012, effective from July 1, 2012

Amended and promulgated on July 2, 2014 by Tong Chuan Na Rong No. 10348017740 decree

  1. Inorder to ensure the audiences audio-visual rights and interests and take into account the economic development of the broadcasting industry, so as to maintain program integrity and editorial independence, the National Communications Commission (hereinafter referred to as The Commission) shall implement related regulations stipulating the separation of advertisements from programs in accordance with Article 33 of the Radio and Television Act, Article 42 of the Cable Radio and Television Act, and Article 19 of Satellite Broadcasting Act.
  2. Related terms are defined as follows:

(A)Video: any visual representation.

(B)Audio: the voice-over, audio message, background music, etc.

(C)Display of content: specific or identifiable manufacturer brand, merchandise, commercial services, phone numbers, websites, logos, slogans, etc; or involving the utility or usage of specific products.

(D)Participants: manufacturers, presenters, guests, news anchors, news reporters, speakers, performers, etc.

(E)Props/backdrops: nameplates, picture cards, charts, posters, and other material used for the layout of the scene.

(F)Current affairs programs: the content of various types of mainly factual reporting.

(G)Children's programs: programs for preschool and school-age children.

  1. Programs that fit in with one of the following circumstances, by means of video or audio, in order to encourage consumption, take advantage of the audiences' credulity to impact consumption, show obvious promotion or publicity, or excessively highlight the value of particular or identifiable commercial products or services, shall be identified as having no distinction from advertisements, unless otherwise provided by laws or regulations:

(A)Program titles show identifiable manufacturers’ brands, goods, commercial services, telephone numbers, websites, logos or slogans.

(B)Program titles are connected with the advertisements broadcast during the programs.

(C)Program participants or content impart specific or identifiable manufacturers’ brands, goods, business services, telephone numbers, websites, logos or slogans; or involve specific or identifiable product utility, usage, or price.

(D)Program participants have participated in advertisements that are associated with the program content; or although there is no connection, advertisements are broadcast in the segments before or after the program.

(E)The props/backdrops, gifts, specific activities or other designs used in programs, through video, audio or other forms, display particular or identifiable brands of manufacturers, goods, business services, telephone numbers, websites, logos or slogans.

(F)The props/backdrops, gifts, specific activities, or other designs used in programs, through video, audio or other forms, show the utility, usage or price of a particular or identifiable product.

(G)The props/backdrops, gifts, specific activities, or other designs used in programs are associated with advertisement;or although there is no connection, advertisements are broadcast in the segments before or after the program.

(H)Program content displays the goods, business service, telephone number, websites, logos or slogans of a single, specific or identifiable manufacturer brand; or involves the utility, usage or price of a single, specific or identifiable product.

(I)Program content uses children, celebrities, professionals, gifts, statistics, scientific data, experimental design results, and other practices to highlight the value of particular or identifiable commercial products or services.

  1. The broadcast of sporting events can be more leniently determined except for one of the following circumstances:

(A)The program imparts the utility, usage, or price of specific or identifiable commercial products or services.

(B)Affects audience behavior.

  1. Current affairs programs or children's programs which fit in with one of the circumstances listed in provision 3 of these principles or in the attached table shall be identified as clearly not making distinction between programs and advertisement.
  2. To determine whether current affairs programs or children's programs are separated from advertisement or not is based on the consideration of the overall content, combining a variety of factors; more stringent standards shall be adopted for children’s programs.

Attached table: Principles for determining whether current affairs programs and children's programs are separated from advertisement or not

Category Items

Perception of the content

Content

Frames and titles

A. Current affairs programs

1.Coverage or related events in context of specific or identifiable commercial products or services, present a single viewpoint.

2.Positive and in-depth coverage of one particular or identifiable commercial product or service which make the audience deem it is promotional or marketing activities.

3.Content of the report or performance match with the advertising content of specific or identifiable commercial products or services.

4.Air time of report content on a specific or identifiable brand, goods, business service, logo, slogan, product utility, and usage is clearly incompatible with the principle of proportionality.

1.Coverage could easily affect consumer expectations, and make the audience deem it to be promotional marketing or advertising.

2.The characteristics referred to in the report are enough to make the audience aware of the brand name of specific or identifiable commercial products or services.

3. Wording refers to specific commodity price or promotion of specific or identifiable commercial products or services.

1. The frame or title highlights a particular or identifiable brand manufacturer, merchandise, commercial service, or the subjects obviously promote specific or identifiable manufacturers of brand, merchandise or commercial services.

2. Video shows public relations videos or commercials provided by vendors, whose content is intended to promote specific or identifiable manufacturers of brand, commercial products or services.

 

B. Children’s programs

1. Takes advantage of children’s inability to recognize or compare particular or identifiable goods or commercial services in the program in order to affect children's consumption habits.

2. Takes advantage of children's participation in order to encourage a variety of payment forms.

3. Takes advantage of children's trust, through the program participants, to promote specific or identifiable commercial products or services.

4. The advertisements before the opening credits of the program, during the program, or after the ending credits are endorsed or performed by the program participants.

1.Takes advantage of children’s credulity by suggesting the purchase of specific or identifiable goods or commercial services.

2. Urges children to ask parents to accept the recommendation of commercial products or services related to the program content.

Video or the relevant design highlights specific or identifiable brand, goods or commercial services.

Note: The items not addressed in this table shall be handled along the lines of those of a similar nature.